How do I make a claim to unclaimed stocks of my deceased mother if I am executor of her estate but all the paperwork is 10 years old?

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How do I make a claim to unclaimed stocks of my deceased mother if I am executor of her estate but all the paperwork is 10 years old?

Asked on November 2, 2013 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You must file a petition to re open the estate.

Under the Uniform Probate Code, Section 3-1008. Subsequent Administration:

If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, the Court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the Court orders otherwise, the provisions of this Code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.

Florida Probate Rule 5.460 provides that subsequent administration may be ordered by the court if there is newly discovered property, “or if further administration of the estate is required for any other reason.”  I would speak with an attorney.  Good luck.


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